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Advanced Technology Vehicles Manufacturing Loan Program

On Saturday, September 27, 2008, Congress approved legislation (HR 2638) which, among other things, appropriates $7.51 billion for FY2009 for the advanced technology vehicle manufacturing loan program that was authorized by the Energy Independence and Security Act of 2007. The Department of Energy (DOE) is tasked with implementing the loan program and they are required to issue implementing regulations within 60 days of enactment.

Amendments CMVSS 110 and 120 (tire selection and rims)

On September 17, 2009, Transport Canada published a notice in the Canada Gazette Part II (SOR/DORS/2008-258) which seeks to align the Canadian regulatory requirements governing the selection of motor vehicle tires and rims with those in the U.S. Extensive changes are made to CMVSS 110 (Tire Selection and Rims for Motor Vehicles with a GVWR of 4,536 kg or less) and CMVSS 120 (Tire Selection and Rims for Motor Vehicles with a GVWR of more than 4,536 kg). In addition to the changes made to CMVSSs 110 and 120, the notice also adds two low tire pressure warning telltales and a malfunction telltale to CMVSS 101 and makes conforming amendments to the Motor Vehicle Tire Safety Regulations which includes amendments to the Tire Identification Number and Importer Identification Number.

The amendments take effect with publication (i.e., Sep. 17, 2008) with the following two exceptions. Compliance with the revised CMVSS 110 requirements is not required until September 1, 2009. Compliance with the requirement in CMVSS 120 for the label information to be in both English and French does not come into effect until Sep. 1, 2009. Early compliance is permitted.

Transport Canada point of contact: Julie Deschatelets, deschju@tc.gc.ca.

Electronic Stability Control (ESC)

On September 22, 2008, NHTSA published a notice in the Federal Register at 73 FR 54526 that responds to several petitions for reconsideration filed in response to the April 6, 2007 final rule which established requirements for ESC systems (FMVSS 126).

The rule is effective Oct. 22, 2008. Petitions for reconsideration of this rule must be submitted no later than November 6, 2008.

Head Restraints

Transport Canada is proposing to adopt NHTSA's current head restraint requirements contained in FMVSS 202. The proposal was issued Sep. 13, 2008 in the Canada Gazette and comments are due Nov. 27, 2008. The new requirements would go into effect on the date that the final rule is published in the Canada Gazette Part II. As proposed, manufacturers would be permitted to certify against the existing requirements through 8/31/11.

CARB HD OBD Proposed Amendments

On September 11, 2008, CARB issued a heavy-duty OBD amendments package that will be brought before the Board at a public haring in early 2009.

The proposal would amend the existing HD OBD requirements for 2010 and subsequent model year (MY) HD vehicles and engines (ref. section 1971.1, title 13 CCR). The proposed amendments relate to the diesel engine monitoring requirements, including modifications that add lead time to specific monitoring requirements, increase malfunction thresholds for specific monitors, and maintain consistency with the OBD II requirements. Other proposed amendments include updates to reference documents incorporated in the regulation as well as clarifications and/or modifications to several areas of the regulation, including the in-use monitor performance ratio denominator definitions, standardization requirements, and certification demonstration test aging requirements. All of CARB’s proposed modifications are contained in the draft regulatory language available at http://www.arb.ca.gov/msprog/obdprog/obdworkshops.htm. Proposed additions to the regulation are denoted by underline and proposed deletions are denoted by strikeout.

In addition to the proposed amendments to section 1971.1, CARB is also proposing adoption of section 1971.5, title 13, CCR, which would detail in-use enforcement provisions that apply specifically to heavy-duty OBD systems that conform to the heavy duty OBD regulation, section 1971.1. Similar to the OBD II enforcement regulation (section 1968.5), this proposed regulation would include detailed procedures for in-use enforcement testing of heavy-duty OBD systems, and would also detail procedures that would be followed by ARB if, after such testing, heavy-duty OBD systems of a tested engine family were found to be nonconforming. Among other things, the proposed procedures would authorize ARB to take remedial action, which may include recall of engines in which the nonconforming systems are installed and assessment of monetary penalties against the affected engine manufacturer. As the CARB staff is currently still determining the appropriate enforcement procedures to apply to heavy-duty OBD systems, draft regulatory language for this proposed enforcement regulation is not available at this time.

As discussed in CARB Mail-Out #MSC 08-25, CARB will hold a workshop to discuss the proposed changes at the following time and place:

Date: Wednesday, October 15, 2008 Time: 9:00 a.m. to 5:00 p.m. Location: Air Resources Board Annex IV Auditorium 9530 Telstar Avenue El Monte, CA 91731

Persons wanting to make a formal presentation during the workshop should contact Mike McCarthy of CARB at (626) 771-3614, or email at mmccarth@arb.ca.gov.

Seat Belt Lockability

NHTSA is proposing to remove the sunset of a requirement in FMVSS 208 that a vehicle’s lap belt must be lockable to tightly secure a child restraint system. Under FMVSS 208, the requirement ceases to apply to designated seating positions that are equipped with a child restraint anchorage system on vehicles manufactured on or after Sep. 1, 2012. The NPRM proposes to amend the standard such that the requirement will continue to apply after Sep. 1, 2012 , even when a child restraint anchorage system is present. Comments are due November 11, 2008. Docket reference: NHTSA-2008-0149.

Public Release of EWR Data

Beginning Sept. 10, 2008, NHTSA modified its Office of Defects Investigation (ODI) website to facilitate the public availability of Early Warning Reporting (EWR) data. Manufacturers have been submitting EWR data since 2003. Previously, this information was confidential.

NHTSA is making this information available through a new search engine (http://www-odi.nhtsa.dot.gov/ewr/qb/index.cfm). The available EWR information includes data on death, injury and property damage claims (including lawsuits) submitted to the manufacturer, along with light vehicle production data. NHTSA is not making the information available in the exact manner in which it was received from the manufacturer. Instead NHTSA has enhanced its utility by providing the component categories utilizing the text definitions and not as the two digits identifiers as submitted by manufacturers. Information on foreign recalls also is available. Some data will remain confidential, including warranty claims, consumer complaints to the manufacturer, field reports, common green tire information, production data for all except light vehicles, and the last six digits of the vehicle identification number in death and injury claims.

New EWR information will be available quarterly. In addition, some historic EWR data will not be available until NHTSA acts on confidentiality requests from individual manufacturers.

ZEV and HEV Test Procedures

CARB will hold a public workshop on September 24, 2008, in El Monte, CA for the purpose of discussing proposed amendments to exhaust and evaporative emission test procedures for Zero Emission Vehicles and Hybrid Electric Vehicles in the passenger car, light duty truck and medium duty vehicle classes, and proposed certification and installation procedures for off-vehicle charge-capable conversion systems.

The workshop notice is available at: http://www.arb.ca.gov/msprog/mailouts/msc0822/msc0822.pdf.